Legal Opinion

State v. Herndon

Court of Appeals of Oregon

Decided November 18, 1992No. 90D105418; CA A69370PublishedCited by 3 opinions

1Opinion of the CourtRiggs, J.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He assigns as error the trial court’s denial of his motions to suppress the results of field sobriety and breath tests. He argues that the field sobriety tests were administered in violation of statutory procedures and that he was denied adequate assistance of counsel before deciding to submit to a breath test. We affirm.

The facts are not in dispute. On July 20, 1990, Oregon State Police Trooper Beach pulled defendant over on suspicion of DUII. He asked defendant to perform field sobriety…

2Cases cited11 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Kirby v. IllinoisSupreme Court of the United States · 1972
  3. United States v. GouveiaSupreme Court of the United States · 1984
  4. State v. KennedyOregon Supreme Court · 1983
  5. State v. NewtonOregon Supreme Court · 1981

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. NielsenCourt of Appeals of Oregon · 1997
  2. State v. BanksCourt of Appeals of Oregon · 2017
  3. State v. NielsenCourt of Appeals of Oregon · 1997

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